Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī (May 2017)
the principal of exclaiming the reasons and documentation of the administrative decisions and it's effect on the jurisprudence of the court of administrative justice
Abstract
Legal obligation to provide reasons for administrative decisions is a principle that originated from judicial field moving to the administrative decision-making process, there seems to be profound differences between two areas. It is, therefore, very much context dependent, offering considerable room for the exceptional circumstances . The Iranian legal system paid its attention to the principle in judicial proceedings, yet its shortcoming in administrative procedures seems to be obvious. Although the Court of Administrative Justice in a rather isolated case seems to call for the observance of the principle in administrative procedures, it is hard to argue that this would lead to a legally binding rule. (( Legal obligation to provide reasons for administrative decisions is a principle that originated from judicial field moving to the administrative decision-making process, there seems to be profound differences between two areas. It is, therefore, very much context dependent, offering considerable room for the exceptional circums...))
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